DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-8426; Directorate Identifier 2015-NM-006-AD;
Amendment 39-18527; AD 2016-10-16]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
certain
Dassault Aviation Model MYSTERE-FALCON 900 airplanes, FALCON 900EX
airplanes, and FALCON 2000EX airplanes. This AD was prompted by a
report that during a test flight, it was found that the yaw damper on
the takeoff roll can increase the Minimum Control Speed on Ground
(Vmcg). This AD requires revising the airplane flight manual (AFM) to
incorporate procedures for the flightcrew to check that the yaw damper
is set to ``off'' before takeoff. We are issuing this AD to ensure that
the flightcrew has procedures to set the yaw damper to ``off'' before
takeoff, which, if activated, could result in reduced control of the
airplane if one engine were to fail during takeoff.
DATES: This AD is effective June 27, 2016.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2015-
8426; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model MYSTERE-FALCON 900 airplanes, FALCON 900EX airplanes, and FALCON
2000EX airplanes. The NPRM published in the Federal Register on January
13, 2016 (81 FR 1580) (``the NPRM'').
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0005, dated January 14, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model MYSTERE-FALCON 900 airplanes, FALCON 900EX airplanes,
and FALCON 2000EX airplanes. The MCAI states:
During a flight test on a development aeroplane, it was found
that the yaw damper (YD) working on the take-off roll can increase
the Minimum Control Speed on Ground (Vmcg). A review of the
certification data of the affected aeroplanes shows that Vmcg values
published in the Airplane Flight Manuals (AFM) have been determined
without YD.
This condition, if not corrected, could result, in case of an
engine failure occurring during the roll acceleration [during
takeoff], in reduced lateral control of the aeroplane.
To address this condition, Dassault Aviation developed Change
Proposals (CP) and Temporary Changes (TC) to the applicable AFMs,
which instruct flight crews to check that yaw damper is set to
``off'' before take-off.
For the reasons described above, this [EASA] AD requires an
amendment of the applicable AFM.
You may examine the MCAI in the AD docket on the Internet at http://
www.regulations.gov by searching for and locating Docket No. FAA-2015-
8426.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Change to Paragraph (g) of This AD
We have revised paragraph (g) of this AD to remove ``table 1 to
paragraph (g) of this AD'' regarding the use of the applicable AFM
change. This change is necessary because the AFM materials specified in
the proposed AD do not meet the requirements for approval of
incorporation by reference by the Office of the Federal Register.
Therefore, operators must contact the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA, for information regarding
the use of the applicable AFM change for revising the normal procedures
and limitations sections of the AFM, as applicable, to include new yaw
damper procedures.
Costs of Compliance
We estimate that this AD affects 284 airplanes of U.S. registry.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $24,140, or $85 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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